Legal Opinion

Reynolds v. Hussey

Supreme Court of New Hampshire

Decided June 5, 1886PublishedCited by 3 opinions

Case, for injury to the plaintiff caused by the defendant’s horse by striking him with the 'forward feet while standing harnessed into a stage-wagon, and left unattended at the railway station at Alton Corner. The declaration alleged the vicious character of the animal, and knowledge by the defendant.

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Case, for injury to the plaintiff caused by the defendant’s horse by striking him with the 'forward feet while standing harnessed into a stage-wagon, and left unattended at the railway station at Alton Corner. The declaration alleged the vicious character of the animal, and knowledge by the defendant. To show the horse’s vicious disposition, and its inclination to injure mankind, evidence of numerous instances of its squealing and kicking at people, in the harness, in the stage-wagon, in the barn, and in the stall, — in fact, that it was a notorious kicker, — was admitted, subject to…

1Opinion of the CourtBlodgett, J.

The owner of domestic animals not being liable, except by statute, for injuries committed. by them, unless' he is shown to have knowledge of their tendency to commit such injuries, the evidence excepted to as to the propensity of the defendant’s horse to injure mankind, and to his knowledge, was so obviously legitimate, that, unaided by brief or argument, we find no ground for its exclusion:

The exception to the charge stands no better. It is not necessary that the vicious acts of a domestic animal brought to the notice of the owner:should be precisely similar to that upon which' the action…

2Cases cited4 opinions

  1. Keightlinger v. EganIllinois Supreme Court · 1872
  2. Godeau v. BloodSupreme Court of Vermont · 1880
  3. Buckley v. LeonardNew York Supreme Court · 1847
  4. Rider v. . WhiteNew York Court of Appeals · 1875

3Cited by3 opinions

  1. Crowley v. GroonellSupreme Court of Vermont · 1901
  2. Mailhot v. CroweWashington Supreme Court · 1918
  3. Rowe v. EhrmanntrautSupreme Court of Minnesota · 1904

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